REPUBLIC OF THE PHILIPPINES

REGIONAL TRIAL COURT

NATIONAL CAPITAL REGION
MUNTINLUPA, METRO MANILA BRANCH 14
MYLEN A. PORTEZA
Petitioner,
versus CRIMINAL CASE NO. 1214

PAOPAO
Respondent.
! !
MEMORAN"UM FOR THE PROSECUTION
Mylen A. Porteza, by the undersigned prosecutor, and unto this
Honorable Court, respectfully submits this Memorandum as follos!
PREFATORY STATEMENT
"n #uly $%, &'$& beteen %!''()!'' in the e*ening, #PM, an $$ yrs.
old boy, as +illed by the accused. ,he *ictim as +illed in a *acant lot in
-- Cruz, Alabang, Muntinlupa City. ,he accused ere then charged for
homicide. ,he prosecution humbly states and ta+es the position that it has
presented competent itnesses, clear, con*incing and sufficient e*idence to
pro*e beyond reasonable doubt that accused are guilty of committing the
crime charged and that the accused miserably failed to present any e*idence
that could e*en raise an iota of doubt as to their guilt of the offenses charged.
I. STATEMENT OF FACTS
.uring the course of the trial, the Prosecution, through its itnesses
ere able to establish the folloing facts!
An information as filed against Pao(pao before this Honorable Court
on #uly $), &'$&. ,he said information read!
/0ith intent to +ill, did then there illfully, unlafully and
feloniously, attac+, assault and use *iolence upon the said #PM, by then and
there stri+ing him at the head ith a sharp bladed instrument and hitting him
on different parts of his body, thereby inflicting upon the said #MP mortal
ounds hich ere the direct and immediate cause of his death./
,he gist of the testimonies of itnesses Mylen Porteza and #R are as
follos!
Mylen Porteza testified that on #uly $%, &'$& at about 1 in the
e*ening, Porteza sa her son #PM and his friend #R standing in a store in
front of their house then they disappeared. Her husband loo+ed for them
because it as already time for them to eat hoe*er he failed. 2eteen
%!''()!'' in the e*ening, #R arri*ed in their house and told them that #PM is
already dead. Her husband ran and ent to -- Cruz here #R told them to
be the place here they can find their son #PM. 2ecause her husband ent
earlier to -- Cruz, she 3ust sa him carrying their son #PM and is co*ered
ith blood. ,hey rode a tricycle and brought their son to Alabang Medical
Clinic, Muntinlupa City hoping that #PM is still ali*e but he as declared to
be dead on arri*al. ,hen their neighbors, ho are all children, arri*ed to the
said clinic and told them about the story #R told them.
,he neighbors told them that Pao(pao induced their son #PM to go to
-- Cruz then their son ga*e Paopao ten pesos 4P$'.''5 so that they can buy
/iga/, their term for *ulcaseal. ,herefore, those children, hom #R told the
said story, told them that Pao(pao is the one ho +illed their son. ,hen, they
ent to bloc+ & 4PCP &(Alabang5 to record the said incident in the Police
blotter then she as as+ed by the police ho are ith her son during the said
incident so she pointed #R and she accompanied the police to #R6s house
herein #R, along ith his father, as in*ited by the police and as brought
here in the 0omen6s .es+ for the purpose of getting #R6s statement.
#R testified that in the e*ening of the said incident, they ere in
2autista hen #PM told them that #o*ert and their other friends ere playing
standing boom 4means tumbang preso5 in the co*ered court of 2autista.
,hen #PM shoed them his money hich he 4#R5 thought as only P$''
but as actually P&''. ,hey ere ith each other hen they bought a mil+
in Mariategue because it as #PM6s fa*orite. #PM ate the bearbrand then
they rode along in the trolley going to the /peryahan/ thn upon entering the
gate, #PM told them /uy, ag n6yo isara iyan pagsisipain +o +ayo isa(isa/
then Pao(pao came ith a Muslim. #PM said to Paopao /Pao mag(ega tayo/
then added /Pao biyahe tayo 4means that they ill buy *ulcaseal5/. ,hey
ent to the place here there are many draings herein #PM shoed his
P$&' to Pao(pao then #PM contributed P1' to the Muslim for the purchase
of /ega/ 47ulcaseal5. ,hen, Pao(pao and the Muslim fought using their
poers herein Pao(pao lost, then Pao(pao and #PM also fought, here Pao(
pao lost therefore Pao(pao commanded us to buy /ega/ and told them that he
4Pao(pao5 ill be in charge of the P$' because they 4#R and the Muslim5
ill be buying & /ega/. ,hen, they 4#R and Muslim5 bought /ega/ in the et
mar+et, #R told the Muslim /Pare, a+o na magtago noong dalaang ega/.
,he Muslim told #R to ait for him in the /peryahan,/ so #R ent to the
/peryahan/ in -- Cruz then hen he got tired of aiting he al+ed and ent
to their hangout place. 0hen he loo+ed, he sa that #PM as already dead.
#R thought that they ere 3ust using ega but hen he returned he sa #PM
lying on his stomach and the blood all o*er the place then #R sa an ice pic+
near #PM6s head, then he ran toards 2autista. #R told #PM6s sister A3i hat
happened and A3i also told her mother that her brother as already dead.
II. ISSUES
,his memorandum ill discuss the folloing issues!
-irst, hether or not #R is a competent itness, therefore his
testimony is entitled to full probati*e eight.
8econd, hether or not Mylen Porteza6s testimony 4*ictim6s mother5 is
admissible in e*idence.
III. ARGUMENTS AN" "ISCUSSION
i.5 Although #R is 3ust a 9 year(old child, he is a competent itness. :n
People vs. Gonzales, ;.R. <o. $='>'%, #uly &), $999, it is stated that the
fact that prosecution itness as merely se*en 4%5 years old at the time of
the incident and eight 4)5 years old at the time she testified does not
dis?ualify her from being a itness nor does this circumstance render her
testimony incredible. :t is ell(settled that any child regardless of age, can
be a competent itness if he can percei*e, and percei*ing, can ma+e +non
his perception to others and that he is capable of relating truthfully facts for
hich he is e@amined. -urthermore, 8ection 1, of the Rule on A@amination
of a Child 0itness reads!
8AC. 1. Competency. A*ery child is #resu$e% &u'()*)e% to be a
itness. Hoe*er, the court shall conduct a competency e@amination
of a child, motu proprio or on motion of a party, hen it finds that
substantial doubt e@ists regarding the ability of the child to percei*e,
remember, communicate, distinguish truth from falsehood, or
appreciate the duty to tell the truth.
@ @ @
:n Dulla vs. Court of Appeals, ;.R. <o. $&=$1B, -ebruary $), &''',
As a general rule, all persons ho can percei*e, and percei*ing, can ma+e
+non their perception to others, may be itnesses. Cnder Rule $=',
8ection &$ of the Rules of Court, only children ho, on account of
immaturity, are incapable of percei*ing the facts respecting hich they are
e@amined and of relating them truthfully are dis?ualified from being
itnesses. :n this case, #R is a competent itness, therefore his testimony
that the accused +illed the *ictim is entitled to full probati*e eight.
ii.5 Although Mylen Porteza6s testimony ith regard the incident may
ha*e been hearsay, her testimony as regards the other circumstances such as
a5 #R, the itness, being ith #PM, the *ictim, at the time of the incident, b5
#PM6s death due to a puncture, a hole in his head 4/sintido/5, a crac+ in his
head and some bruises on his forehead, etc., are admissible in e*idence
ha*ing been gi*en from personal +noledge.
Although Mylen Porteza as not present hen the incident occurred,
she testified of her on personal +noledge that her husband as not able to
find #PM at that nightD that beteen %!''()!'' in the e*ening, #R arri*ed in
their house and told them that #PM is already deadD that her husband ran and
ent to -- Cruz here #R told them to be the place here they can find
their son #PMD that she sa his husband carrying their son #PM and is
co*ered ith blood, andD that #PM as declared to be dead on arri*al.
:n conclusion, the e*idence sufficiently establish that the accused Pao(
pao +illed #PM. ,he accused offered no e*idence of his innocence other than
his bare denial. :n fine, the guilt has been pro*ed beyond reasonable doubt.
I+., PRAYER
0HARA-"RA, in *ie of the foregoing, the prosecution earnestly
prays that the accused Pao(pao be ad3udged and declared ;C:E,F beyond
reasonable doubt for +illing #PM.
,he prosecution prays for such other reliefs and remedies that are 3ust
and e?uitable under the premises.
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MEMORAN"UM
FOR THE
PROSECUTION
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